Manoj Agarwal

My Client is engaged in Mining Operations. He owns Excavators, Loaders, Trucks & Dumpers for the said purpose. He is constructing a Guest House/Office and Site development. He shall be purchasing Air Conditioners (Capital Good - Tariff 8415), Plywood and Stones like Marble/Granite under Excise Invoice. Can he avail and utilize the Cenvat Credit on such goods towards payment of service tax on 'Mining of Minerals Service'? Plywood may be used for Furniture at site/office or for alteration of body of Trucks. Stones used for beautification of site.

Is it necessary that the input/CG must be directly used for providing the output service?


CA ABHISHEK TEKRIWAL
09 October 2013 at 20:20

Works contract

A proprietorship concern is engaged in providing "Construction services other than residential complex, including commercial/industrial buildings or civil structures"
It is charging gross amount of Rs.47 Lakhs for a contract.In which they Used material of Rs.25lakhs(Rs.20 Lakhs Material +Rs.3 lakhs Excise duty +Rs.2 Lakhs Vat)and it is also taking services of a labour contractor who charged Rs.10,30,900(10,00,000+ Rs.30900 for service tax 12.36% x 25% as reverse charge is applicable and Balance 75% is also paying)now Questions are:
1.Whether TIN number is also required for material used?
2.In which manner we will issue bill ?whether we will charge both Service tax and Vat separatly?
3.is there any option of composition
(Abatment)scheme?
4.what amount of service tax would be payable in both case??Input Credit of Excise,Service Tax,Vat can be availed or not??
5.whether reverse charge will also applicable in this case of work contract as individual is providing services to company??
please help me...very urgent....tried alot to solve but could not...Thanks



Anonymous
09 October 2013 at 19:35

Registration

I want to get Service tax registration for my company

help me regarding

whether It's compulsory for company to get registered

whether Service tax return is required to be filed evenif my turnover doesn't cross Rs.10 lacs

any other consequences regarding or after registration


Gurpreet Singh
09 October 2013 at 18:20

St - education inst.

" If an Advertising Agency Providing services of advertisement in print media or electronic media to an Approved Educational Institution , In such case whether they should charge ST in the Invoice or not, ( As per latest Law )
and if not, then they should mentioned the Exemption Notification No in the invoice"


amol atkar
09 October 2013 at 16:15

Calculation of service tax

hello,

I am Amol work in Hair & beauty parlour i want to no how could i Calculate Service Tax when our rate of services is including product cost + Service Tax + service charge
suppose I give facial to one customer
amount rs. 800/-
product cost 20% include in that
Service Tax 12.36% also Include in that
in that case which amount i will calculate service tax
my confusion is i will calculate service tax excluding product cost or including product cost please explain me



Anonymous
09 October 2013 at 15:32

Notification 41/2012 of service tax

As per notification no.41/2012 the exporters can claim rebate of service tax paid. The 2 methods were either through ICES scheme or on the basis of documents. My client opted the ICES scheme. At the time of claiming the rebate the deptt. asked my client to first apply for the service tax registration. We got the registration no. and then applied for the rebate. Since then my client has been receiving the rebate refund accordingly and well in time.
My query is, whether my client is liable to file any service tax return since it is receiving the refund.
Or it should file NIL return(since it does not have any service income) as per the rule 7 of service tax rules,1994(it says since an assesee is registered the return is to be filed, even if it is a nil return.)



Anonymous

Dear Friends

Please, tell me one thing, if any any body has surrender the Service Tax Registration on 05/09/2013 but his request is still pending, then he should return fill for the period of April 13 to Sept. 13 or not.

Thanks & Regards

Mayank
M: 8800429797



Anonymous
09 October 2013 at 12:44

Reverse charges - service tax

My Client is individual running business in proprietorship. and paying freight to transport co. and transport company is also individual proprietorship. so my client is liable to pay Reverse Charges - Service Tax for freight expense ?. my cliennt is not registered any factory act.



Anonymous
09 October 2013 at 11:55

Cenvat credit on gift vouchers

Dear Experts,

I have a query related to Cenvat Credit on gift vouchers.

There are 4 category of persons in a transaction.

A-Bank
B-Agent of Bank
C-Vendor
D-End Customer (Also customer of Bank)

D being loyal customer of A, gets certain points / vouchers which can be redeemed with C for purchase of goods or availing a service.

A has appointed B as agent to look after all such transactions and has a Principal -Agent relationship.

B has entered into agreement with C, so that C bills B for any voucher redeemed by D. In turn, B bills A and seeks reimbursement for the same.

Other Points:
1. No where under the bill, A's name is mentioned.
2. B does not have any margin in reimbursement. It raises a separate bill for its fees.
Issue:
1. Whether Cenvat can be availed in such case where buyer is end customer, but payment is made by Bank (A).

2. Suppose, in any transaction, Vat is also levied if the end customer purchases goods, can input tax credit be availed.

If yes, by whom and under what provisions.

What will be the scenario, if the agreement is Principal-Principal basis?



Anonymous
09 October 2013 at 11:05

About penalty for nil return

Dear Sir,

We have filed late NIL return of service tax, can penalty be leviable for late filing of return ? Our service tax liability was zero i.e. NIL Pl. advise

Thanks in advance sir






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